MonthlyMonthly Human Human Rights Observation Rights Report Observation on Bangladesh Report on March, 2016 Bangladesh May, 2016 HUMAN RIGHTS SUPPORT CENTER (HRSC) EXECUTIVE SUMMARY Human rights violation in Bangladesh is continued in May 2016, as similar to the previous month. In this month, the most significant human rights issues were extra-judicial killing, domestic violence, abduction, arbitrary arrest, election violence and vote rigging. But the worst situation was in the case of rape, gang rape and child rape. Violent attack especially attack on blogger, teachers and minority have been considered as a serious problem for the last may 2016. According to the source of human rights support center (HRSC), approximately 12 people were killed extra-judicially in May 2016. The deaths occurred during raids, arrests as well as during operations by the law-enforcement agencies. The government often regretfully describes these deaths as the name of crossfire/gunfights/encounter killing. Secondly, Enforced disappearances were continued noticeably during the May 2016. Most of these allegations were against the security forces such as RAB, DB and Police. According to HRSC monitoring team, a total 02 people have been disappeared by Law enforcement agency (LEA). Moreover, HRSC report demonstrates that, a total of 60 females were alleged to be raped in May 2016. Among of them, 06 were killed after rape and 26 were below the age of 16. About 05 women were subjected to gang rape. A total of 14 women were killed for dowry and roughly 22 were sexually harassed as well as five were victims of Acid violence. Approximately, 30 women were killed in the family feud and 05 have been injured in a total of 23 incidences. 16 - On the other hand, at least two Bangladeshi citizens were killed by BSF and one was injured and 71 were killed in the violent attack. An account of 61 people have been abducted, among of them 12 were rescued and 07 were killed after the abduction. In terms of journalist attack, around 03 were threatened and about 14 were seriously injured. Furthermore, around 04 people were killed in political violence. At least 07 people were killed in a public lynching. Remarkably, in a total of three violent attacks on minority, at list two people were killed and 10 were injured. In the case of “violence against children” in May 2016, around 09 children were killed and almost 07 children have been critically injured in a total of nearly 16 incidents. ation Report on Bangladesh | May Bangladesh ation Report on However, we hope that this report will help mass people, civil society as well as international communities to realize the current dreadful and degrading human rights situation in Bangladesh. We are deeply concerned about debasing human rights situation in our beloved country. We also urge national and international human rights organizations as well as every non-state actor to raise their voice to protect and promote human rights in Bangladesh. Monthly Human Rights MonthlyRights Observ Human 1 Email:[email protected] | Website: www.hrscbd.org TABLE OF CONTENTS Page SL Topics Number 1 Executive Summary 01 2 Table of Contents 02 3 Introduction 03 4 Extra-judicial Killing 04 5 Violence Against Women 07 6 Attack on Journalist 11 7 Attack on Minority 13 8 Territorial Dispute 15 9 Violence against children 17 10 Public Lynching 19 16 11 Abduction 20 - 12 Violent Attack 23 13 Political Violence 26 14 Recovery of Dead Body 28 15 Election Violence and Vote Rigging 30 ation Report on Bangladesh | May Bangladesh ation Report on 16 At a Glance May 2016 33 17 Conclusion 34 18 Recommendation 35 Monthly Human Rights MonthlyRights Observ Human Email: [email protected] | Website: www.hrscbd.org 2 INTRODUCTION Human rights are rights that hold to be „inalienable‟ and belonging to all human, according to natural law. Human rights are fundamental rights or basic rights. Fundamental rights cannot, rather must not, be denied or resisted by any legislature or Government actions and are often set out in a constitution.1 Human rights are protected and upheld by international and national laws and treaties. All human beings are born free and equal. Human rights advocates agree that sixty years after its adoption, the Universal Declaration of Human Rights is still more a dream than reality. The state is the defender of all sorts of human rights. The Constitution of Bangladesh recognizes all forms of human rights i.e. civil and political rights, social, economic and cultural rights. Civil and political rights are recognized as „fundamental rights‟ which are directly justiciable, i.e. a person can file a petition before the High Court in case there is a violation of her fundamental rights. In the Foreword of the Bangladesh Constitution it is declared, “Further pledging that it shall be a fundamental aim of the state to realize through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens”.2 In spite of having such constitutional obligation, human rights are drastically violated in the country. In May 2016, human rights have been infringed against women, children, minority groups, journalists, political activists, laymen, and other good citizens of the country. The situation reached to such abysmal state that even the common people feel insecure everywhere whether it‟s their bedroom or street. 16 - HSRC agrees with prominent human rights experts that massive corruption in state machinery, the politicization of administration, weakness of judiciary, and culture of impunity are liable for the worse law and order situation in the country. Moreover, it‟s also claimed that political patronization and shelter of criminals lead to human rights violation in the country. ation Report on Bangladesh | May Bangladesh ation Report on 1 Monthly Human Rights MonthlyRights Observ Human Human rights and governance training manual by manusher jonno. Page o3, 2 http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=367 3 Email:[email protected] | Website: www.hrscbd.org EXTRA JUDICIAL KILLING Extrajudicial killing is an arbitrary or unlawful deprivation of life and simply murder. This is the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process.3Bangladesh has earned notoriety in carrying out extrajudicial killings. „Crossfire‟ or „encounter‟ and gunfight are very common terms used by the LEA to hide their crime and avoid the liabilities of extra-judicial killing. After killing in a pre- planned and cool head, the police and RAB4 authorities have informed the media that the victim‟s died to engage in the crossfire. These extra-judicial killings are depriving the people of their rights to lives and right to get justice in neutral open court.5The government of Bangladesh has been violating the constitution and the Universal Declaration of Human Rights day after day since 2002 especially when the operation clean heart started. Now the situation is becoming more complex day by day. In Bangladesh, the law says minimum force should be applied to arrests and every person has the right to seek a trial. In the cases of "crossfire or encounters, the rights to life and personal liberty are under threat in Bangladesh, despite the fact that they are guaranteed by the constitution of the People‟s Republic of Bangladesh the constitutions. The existing legal framework does not allow encounter killing. Crossfire (04) Shot to Dead 16 Extra-judicial Killing - (12) (02) Custodial Death (06) Figure 01: Extra-Judicial Killing in May 2016 ation Report on Bangladesh | May Bangladesh ation Report on The given flow chart provides information about the extra- judicial killing scenario in May 2016: According to human rights support center (HRSC) report, a total of 12 persons were alleged kill extra-judicially. Out of them, 04 people were killed in the name of ‘crossfire/ gunfights’, 02 were shot to death, and 06 have died in the custody. 3 http://www.lawteacher.net/free-law-essays/constitutional-law. 4 http://www.lawteacher.net MonthlyRights Observ Human 5 http://www.lawteacher.net/free-law-essays/constitutional-law. Email: [email protected] | Website: www.hrscbd.org 4 Some important cases are mentioned below: On May 05.2016, A suspected robber was killed in a reported gunfight between his cohorts and members of Rapid Action Battalion (Rab) at Mrigamari of the Sundarbans in Mongla upazila of Bagerhat today. The deceased Alam alias Alam Khan, 45, was the ringleader of a robbers gang „Alam Bahini‟, reports our Bagerhat correspondent.6 On May 10, 2016 an alleged outlaw was killed in a “gunfight” between his cohorts and police in the districts Mirpur upazila. The dead, Asadul Islam Fakir, 39, of Radhanagar village in the upazila, was a regional leader of outlawed Purbo Banglar Communist Party (ML-Lal Pataka).7 On May, 06, 2016 In Tangail, two outlawed party members were killed in a gunfight with the members of Rapid Action Battalion members in Sadar upazila. The deceased were identified as--Fazlu Driver and Uzzal, members of banned Purbo Banglar Communist Party. On secret information, an elite force team conducted a drive at Jugnihat around 1am when a group of outlaws was holding a meeting, said commander of RAB-12 Tangail unit additional police super Mohiuddin Faruki. However, the outlawed party members opened fire on the law enforcers forcing them to fire back that triggered a gunfight.Fazlu and Uzzal were found dead after the gun battle.8 On May, 06, 2016 in Laxmipur, a criminal was killed in a gunfight with the members of law enforcers in Sadar upazila. The dead was identified as--Kawsar.